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10. TR -57 was submitted on March 28, 2008, to identify prime farmland soils within the New <br />Horizon permit area, revise soil handling practices to conform with prime farmland <br />requirements where applicable, and address other revisions to soil salvage and replacement <br />plans to ensure compliance with reclamation plan objectives. TR -57 formally revised. the <br />permit to incorporate the soil management provisions required during the February 15, 2008, <br />meeting between DRMS, WFC, and NRCS. The proposed decision to approve TR -57 was <br />issued on March 4, 2009. <br />11. Notice of DRMS's proposed decision for TR -57 was published on March 12, 2009. <br />Objection letters were received by DRMS from you and the Morgans on March 18 and 29, <br />2009. Following a meeting between the Morgans, WFC, and DRMS on April 14, 2009, the <br />objections were subsequently withdrawn on April 22, 2009, and TR -57 was officially <br />approved for incorporation into the New Horizon Mine permit on April 23, 2009. <br />12. As a result of TR -57, the requirements for the prime farmland on the Morgan property are as <br />follows: For the 51.6 acres that had been stripped as of February 2008, the replacement <br />depth was to be a combined topsoil and subsoil minimum thickness of 48 inches, with <br />approximately 22 inches of mixed Lift A and B material redistributed over a minimum of 26 <br />inches of subsoil (Bench 1 material) that had been deemed as being suitable for the intended <br />purpose (permit section 2.05.4(2) (d) -34). <br />13. As a result of TR -57, for the 56.34 acres of prime farmland that had not yet been disturbed as <br />of February 2008, WFC committed to salvage and replace an average of 20.4 inches of Lift <br />A topsoil, 32.5 inches of Lift B material, and return a minimum of 3 feet of Bench 1 material <br />to the Morgan property (permit section 2.05.4(2) (d) -35). <br />14. As a result of TR -57, a total of 107.96 acres of prime farmland are to be reclaimed as such <br />within the permit area. This prime farmland acreage is solely owned by the Morgans. <br />Although WFC has mined a portion of this acreage prior to the prime farmland designation, <br />all prime farmlands on the Morgan property are to be restored to prime farmland standards <br />(permit sections 2.04.9 -15 and 16). <br />15. As there were prime farmland issues remaining after approval of TR -57, DBMS attached <br />two stipulations to the findings for RN -5. The first stipulation (No. 16) required WFC, <br />within 30 days following issuance of the final decision for RN -5, to submit a permit revision <br />application including, among other things, comprehensive amendments to the prime <br />farmland investigation and the prime farmlands sections of the permit application. The <br />second stipulation (No. 17) stated that unless WFC demonstrates that some portion of the <br />107.96 acre area of presumed prime farmland on the Morgan property within the permit area <br />does not meet prime farmland criteria based on one or more of the factors listed in Colorado <br />Rule 2.04.12, the entire 107.96 acre area is considered prime farmland and will be reclaimed <br />as irrigated cropland in accordance with the requirements of Colorado Rule 4.25. <br />16. Following DRMS's review of RN -5, the proposed decision to approve, with conditions, <br />renewal of the New Horizon Mine permit was issued on August 24, 2009. DRMS mailed <br />letters to you and the Morgans informing you of its decision and provided appropriate public <br />notice as required bythe Colorado Rules. No objections were received and RN -5 was <br />0 <br />